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Criminal Aim
The objective of the criminal justice system to define crimes and determine suitable penalties for offenders to protect the community.
Sanction
A penalty, like a fine or imprisonment, imposed by a court on a person found guilty of a criminal offense.
Fairness
Ensuring an impartial hearing for both the accused and the victim in criminal proceedings.
Equality
Treating all individuals equally in the criminal justice system to avoid disadvantages or inconsistencies.
Access
Providing accused individuals with an understanding of their legal rights and the process their case will undergo.
Institutional Powers
Authority granted to bodies like the police to undertake specific actions in enforcing criminal laws.
Arrest
The police's right to apprehend offenders, including informing them of the reason for arrest and the right to remain silent.
Questioning
The power of investigating officials after arresting a person and the rights of individuals being questioned.
Court Proceeding
The stages an accused goes through during a criminal case, including the role of the magistrate and prosecution powers.
Imprisonment
A last resort sanction to remove offenders from society, with rights and powers outlined under the Correction Act 1986.
Victorian Courts
Overview of the roles and criminal jurisdictions of courts in Victoria, including original and appellate jurisdictions.
Jury Role
The function of a jury in determining guilt or innocence in criminal trials, used in County Court and Supreme Court jurisdictions.
Difficulties Faced
Challenges encountered by various groups in the criminal justice system and measures to address them.
Purposes of Sanctions
Objectives of punishment, deterrence, denunciation, protection, and rehabilitation in the criminal justice system.
Types of Sanctions
Different forms of penalties like fines, community correction orders, and imprisonment, each serving specific purposes.
Sentencing Factors
Considerations in sentencing, including factors that may reduce or increase the severity of a sentence.
Aggravating factors
Factors that increase the seriousness of an offense and the offender's culpability, such as the use of violence, exploitation of trust, or prejudice.
Previous offending
Engagement in criminal behavior in the past, which can lead to an increased sentence for the offender.
Impact of the offence on the victim
The extent to which the victim has suffered due to the offense, which can influence the court to increase the sentence, often demonstrated through a victim impact statement.
Drug Court
A specialized court division addressing drug and alcohol dependency in offenders through a drug treatment order (DATO) based on eligibility criteria and assessment, aiming to reduce reoffending rates and improve participants' well-being.
Koori Court
A court division offering sentencing to First Nations accused persons in a less formal setting, focusing on reducing recidivism, improving offenders' experiences, and providing culturally relevant justice.
Diversion programs
Programs available in certain courts for offenders of summary offenses to avoid a criminal record and court sentence by completing specific requirements like treatment, apology, or community service.
Sentencing practices in Australian jurisdictions
Different approaches to sentencing offenders in various Australian jurisdictions, reflecting the diversity in legal practices and procedures across the country.
original jurisdiction
the power of a court to hear a case for the first time.
appellate jurisdiction
the power of a court to hear a case on appeal. ( again)
other delegated bodies
are given the authority by the Victorian parliament to enforce criminal laws. for example local council, the estate agent, work safe Victoria
Victorian police (under the Victorian police act)
enforces criminal law by:
talk to victim or witness about what happened
questions possible suspect
look for a grant physical or forensic evidence
conduct search of people or property
Australian federal police
established under the Australian federal police act 2979. the role of AFP is to investigate and enforce offence that have a federal aspect ( crimes against the law of the commonwealth or territory.
institutional power:
the authority given to bodies such as Victorian Institutional powers must be balanced against the rights of individuals.
the rights of the police when making an arrest:
The police have the power to arrest an offender after a crime has been committed. they are able to arrest individuals without a warrant in certain situations. Police are the have rights in relation to an arrest.
the rights of individuals in relation to arrest:
when arrested individuals have the right to refuse to attend the police station unless they are under arrest. individuals also have the right to silence when arrested and the right to be informed of the reason for their offence.
Role of judge
keeps order of the court, explain the law role to the jury, sentencing ( sanction).
committal hearing
where the magistrate decides whether there is evidence of a sufficient weight to support a condition.
the role of the jury in a criminal trial
A trial by jury is a trial by peers in which an impartial group of people are randomly selected to hear the evidence and hand down a verdict as to whether the accused is guilty or not guilty.
Punishment:
Punishment involves punishing offenders for unacceptable actions, providing victims and their families with justice without taking the law into their own hands. In society, imprisonment is the most severe punishment. the severity of the sentence should reflect the actions of the crime. punishing an offender should also provide retribution for a victim of the crime.
deterrence:
The law aims to deter future offenses by implementing general deterrence measures, which discourage similar actions in society. There are two types of deterrence:
• general deterrence – discourages others in the community from committing similar offences
• specific deterrence – discourages the offender from committing further offences
Denunciation
Denunciation is a purpose designed to demonstrate the community’s disapproval of the offender’s actions and to show that this type of criminal behaviour will not be tolerated by the courts.
Protection
Protection sanctions aim to ensure society's safety by preventing offender harm and may involve imprisonment to prevent further harmful acts. offenders may be imprisoned so they cannot commit more harmful acts.
Rehabilitation
Rehabilitation aims to reform an offender in order to prevent them committing offences in the future.